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October 20, 2015 Board of Selectmen Minutes
NEWTON BOARD OF SELECTMEN
DATE: TUESDAY, OCTOBER 20, 2015
TIME: 6:00PM
LOCATION: NEWTON TOWN HALL, 2 TOWN HALL ROAD

PUBLIC MEETING

  • Call to Order, Roll Call Vote
Vice Chairman Doggett opened the meeting at 6:02 pm.  In attendance were Selectmen James L. Doggett, Vice Chairman, Matthew A. Burrill, Lawrence B. Foote, Lisa L. Gonyer, Town Administrator Nancy J. Wrigley and Selectmen’s Office Manager Mary B. Winglass.  The Public Meeting was videotaped; minutes were transcribed and typed by Office Manager Mary B. Winglass. The Non-Public Minutes were transcribed and typed by Town Administrator Nancy J. Wrigley.

Selectmen Chairman Robert S. Donovan, Jr. was not in attendance.

Selectman Gonyer moved to go into Nonpublic Session under RSA 91-A:3 II (c) - Personnel Matters; (c) - Code Enforcement; (c) - Contract Negotiations;  Second by Selectman Foote with a unanimous roll call vote:  Doggett - aye, Burrill - aye, Foote - aye, Gonyer - aye.

Selectman Burrill moved to close the Non-Public Meeting at 7:00 pm.  Second by Selectman Gonyer with a unanimous roll call vote to keep all matters confidential until in the opinion of the majority of the members the circumstances no longer apply.  Doggett - aye, Burrill – aye, Foote - aye, Gonyer – aye.

Vice Chairman Doggett called the public meeting back to order at 7:01pm.

  • Pledge of Allegiance
  • Introduction of Guests
Derek Bennett, DES Remediation Bureau RE: Private Well Sampling

Derek Bennett from the State of New Hampshire Department of Environmental Services Remediation Bureau explained a well sampling program that will take place over the next couple of months in two district areas in town.  Bennett handed out a map showing the sampling districts and a sample letter that is scheduled to go out to residents in these areas at the end of this week.  The letter states that a review by DES records indicates your property may be served by a well located near an area that is potentially vulnerable to gasoline contamination.  NH DES does not know whether gasoline components, such as methyl tertiary butyl ether (MtBE) have impacted your well.  Laboratory analysis of your well water is the only way to find out.

DES is making residents in the area aware of this potential contamination and invites residents to participate in a well sampling program.  If you live in the areas of potential risk then NHDES will collect a sample and provide a copy of the results.  This will be done at no cost to the property owner.  If MtBE levels are determined to be above the water standard then DES may also pay for an alternative source of drinking water.  

This water sampling program is funded by a settlement fund collected from a lawsuit pursued against refineries and gasoline manufacturers therefore water sampling is restricted for this purpose only.

Bennett further explained that letters are going out to approximately 300 residents/property owners in town.  This is a voluntary request and if DES does not receive a response from a property owner who was mailed a letter a second reminder letter will be mailed out.

  • Approval of Minutes (Review prior to meeting)
  • Selectmen’s Public and Nonpublic Meeting minutes dated September 1, 2015, September 15, 2015 and September 29, 2015
Burrill moved to approve the Selectmen’s Public and Nonpublic Meeting minutes dated September 1, 2015.  Second by Gonyer with a unanimous vote.

Foote moved to approve the Selectmen’s Public and Nonpublic Meeting minutes dated September 15, 2015.  Second by Gonyer with a unanimous vote.

Gonyer moved to accept the Selectmen’s Public Meeting minutes dated September 29th as written.  Second by Burrill with a unanimous vote.

The Board asked to hold off accepting the September 29th Nonpublic Meeting minutes for they are recommending a revision to the minutes.

  • Scheduled Business
  • 2016 Proposed Budget Review
Cable Committee

Cable Committee Chairman Mary Winglass presented two proposed 2016 budgets from the Cable Committee.  

The first proposed budget zeroed out the cost for a Consultant for 2016.  The Committee is asking to pay their consultant out of the revolving fund versus their budget next year.  The committee will be proposing a large equipment upgrade next year and the cost for the consultant to oversee this upgrade may run up to $1,250.  Paying the consultant out of the revolving fund results in a reduction of $300 in the overall budget.

The second proposed budget includes the cost for the Consultant; by keeping the cost for the consultant in the budget results in an increase of $950 to the overall budget.

The Board and Town Administrator stated that they will need to look into the contract and the set up of the revolving fund to determine what can be done; they will review it again at their next meeting

Welfare

Town Administrator Wrigley explained that this budget came in level funded from the Welfare Agent Tina O’Rourke but after speaking with her there was an adjustment of a 2.5% increase to the Welfare Agent salary line item and an offsetting decrease to the rent/mortgage line item.  This leaves the budget level funded.

Doggett moved to accept the 2016 Welfare Budget in the amount of $25,445.00.  Second by Gonyer with a unanimous vote.  

Tax Collector Budget and Elections/Registrations/Vitals Budget

The Board reviewed an email from Town Clerk/Tax Collector Mary Jo McCullough explaining a change to the Election, Registration and Vital Statistics Budget.  The Town Clerk fee increased $1 per registration therefore the budget reflects an increase to gross appropriate this additional revenue.  Also the Deputy wages increased by 2.5% due to a merit increase.  The other changes are a “best guestimate” based upon transactions done this year.  The Tax Collector’s budget decreased by $900

Foote motioned to accept the Tax Collector’s 2016 budget in the amount of $28,400.  Second by Gonyer with a unanimous vote.

Burrill moved to accept the 2016 budget of $84,500 for the Election, Registration and Vital Statistics.  Second by Gonyer with a unanimous vote.

Cemetery Budget is on hold for they are waiting for bids for the grounds maintenance.

Vice Chairman Alan French presented the Zoning Board of Appeals 2016 Budget.  The Board decided to wait until the next meeting in order to have the correct calculations.

  • Police Department RE: Review Hearing for CALEA Accreditation
Officer Leanne Wancheck from the NH Police Department and Police Chief Lawrence Streeter was present; Officer Wancheck presented an update on the CALEA accreditation.  The Newton Police Department is one of eleven to be accredited in New Hampshire and only 5% across the country that has achieved this status.  This past July two national CALEA assessors came in for two days and reviewed and examined over 186 mandatory standards of compliance.  The on-site team leader recommended Newton for national accreditation based upon the department’s community involvement and support of/for the department.  

The process requires a CALEA review committee hearing that is scheduled for November 21st in Miami, Florida prior to accreditation being awarded.  With Officer Wancheck attending a week long seminar and a two (2) day attendance by the Police Chief the cost would be in the neighborhood of $3,000.

The week long seminar starts with an opening ceremony and requires training every day.  The CALEA commission frowns on the department’s Chief not being present to address any potential comments or issues and/or not involved in this step of the process.  The Chief will be on hand for the awards ceremony on Saturday night.  

The Board asked questions on what type of training will take place and talked about the benefits with sending an officer for training.

Gonyer motioned to sign the requisition for $3,000 for the Police Chief and Officer Wancheck to attend the CALEA conference.  Second by Burrill.  Gonyer asked where the funds will come to pay for the conference.  Chief Streeter responded that it will not come from a specific line item for it was not anticipated.  Since we are nearing the end of the budget season, planning has been done with all major expenses made and it will be close but the funds do show on the bottom line barring any emergencies.  Streeter added that it does not include any food expenditures.  Burrill replied that this is clearly training in order to do the job for the community and he is very proud.  Gonyer agreed with paying out of the training line item.  The Board talked about recognizing this locally after it is all done.  Foote asked to amend the motion for if there is enough money in the budget then the town should pay for meals as well, at least one meal per day.  Gonyer and Doggett talked about the need to set a per diem for meals and asked to save their meal receipts.  Wancheck added that breakfast is included in the package.  Motion passed with a unanimous vote.

Police Chief Streeter asked to review a second requisition for winter tires for the cruiser in the amount of $1,600 and asked to expedite the process.  The Board asked to put this requisition through the regular process.

  • Fire Department Building Committee Update
Mike Pivero, Vice Chairman for the Fire Department Building Committee gave a recap when he was in front of the Board four weeks ago and approached with three options.  The option selected was the middle option to modify the existing building at 8 Merrimac Road for a Fire Station.  Pivero had an engineer conduct an assessment of the building and Pivero is the bearer of bad news for the building did not meet the criteria for a category 4 structure; the building does not remotely come close to the building code.    

An accurate number per the committee after crunching the numbers comes in around 1.4 million to build a category 4 structure.  The engineer, shooting from the hip, came in at $650,000 to renovate the structure which is a moving target and the engineer felt that it would not be money well spent and recommends razing the building.  

This brings the options back to A or C; Option A is to put funds into the existing building, 35 South Main Street.  The committee’s opinion does not feel it is money well spent; you don’t know what you will find when you open up walls.

Option C is to build a new fire house and the committee would like to pursue a new fire house.  The window of time is very small to put it on the town warrant for the upcoming March Town Meeting.

Pivero asked to find out the thoughts and wishes from the Selectmen.  The concern is if you put funds into the existing station then you might as well throw it out the window.  The Fire Chief feels he can manage through this coming winter and plans on shrink wrapping the windows for heating the building was staggering last winter.  Pivero added that he does not feel we can go an entire year without putting money into the building although we may get through the winter without expending funds.

Burrill responded that he feels it will be a tough sell but the committee has looked at the options and completed the research.  Gonyer feels that we may find ourselves in a difficult situation next year if the warrant article fails and we need to put funds into the existing building.  

The committee is in need of funding to produce a visual aid for it will never work without a visual aid to show the voters what we looking to do.  We need an engineering firm to produce a floor plan; if there is grant money for Emergency Management then we need to determine the criteria on the grant funds in order to meet the requirements.  Then we will need an architectural company to do the elevation renderings as was done in the past.  Again we have no time and we need to hire (2) professional organizations; Pivero made some calls and estimates the cost at 6 or 7 thousand.

Gonyer asked about the Newton Junction Fire Station.  Pivero responded that what he has heard that will never close due to the geographic location, it is an annex.  The town does not own the building therefore it is not an option as a central fire station.

Burrill motioned to support the efforts of the Fire Station Building Committee to get quotes from the (2) engineering firms discussed and start drafting of warrant articles to support a 20 year bond.  Second by Foote.  Gonyer did not want the 20 year bond in the motion; Burrill made a friendly amendment to remove the last part “to support a 20 year bond”.  Gonyer second the amendment.  Motion passed with a unanimous vote.

Pivero asked to address funding for the two professional organizations to get on board and soon; the building committee is looking at changing the entire meeting schedule to meet almost every week for the next five weeks to get it done.  The engineer who gave the structural assessment of the building cost $1,600; well below the $3,499 approved by the Board of Selectmen.  The Board endorsed for Pivero to come back with a more exact number for it may be necessary to go out to bid if it is over the $3,500 bid requirement level.

Pivero asked for administrative support from the Town Hall for assistance through this process.  The Board decided to ask Barbara White, Secretary for the Fire Station Building Committee to put in extra time to support Pivero.

Gonyer motioned to authorize the expenditure of no more than $1,000 out of the general government funds budget to support the Fire Station Building Committee for additional secretarial support, if Barbara White is available to put in the additional time.  Second by Foote with a unanimous vote.

The Board talked about adding an additional meeting when the Fire Station Building Committee is ready to present their findings.

  • Highway Department RE: Repair to Webster Bridge
Road Agent Mike Pivero addressed a letter the town received in late September regarding a critical bridge deficiency Newton Bridge# 061/119 on Webster Grove Road known in town as Webster Grove Bridge.  The laminated timber deck has deteriorated rapidly since the last routine bridge inspection with heavy decay of the deck timbers.  Additionally, inspection of the underside of the deck revealed areas of insect infestation.

DOT allowed the town to put steel plates over the wooden deck and the State gave the town a stay of execution so we can continue to use it but it is a temporary fix.  The bridge services one Newton resident and a number of Kingston residents.

Kingston Road Agent Rich St. Hilaire went in front of the Kingston Selectmen last night to discuss this situation with the same report.  The option recommended by both Kingston and Newton Road Agents is to replace the deck in kind due to a couple of reasons for this decision.  There is no engineering required for there is no change; the deck will cost in the area of 17 to 19 thousand dollars.  By the time we take the old deck off and put the new on, guardrails and paint the beams per the recommendation from the State it will be in the vicinity of 40 to 50 thousand dollars to complete the work on the bridge.  Kingston is on board to share the cost of the repairs but asked that we find out if there are any bridge repair funds from the state.  Pivero added that he called today and it does not look promising for there is an 8 to 10 year waiting list for bridge repair funding.  Also the State will want an extensive engineering study which will require a state inspection permit which will add time and money.  We don’t have a lot of time and funding for this repair will be paid out of the Highway Block Grant funds or a separate fund for Highway repairs established 8 or 9 years ago for this specific application.  The funding is there, paid jointly from Kingston and Newton and will keep the cost down as minimal as can be done.  

Burrill asked if there is another access into this area.  Pivero responded that there is only a very old road that is now a bike path.  Doggett responded that he believes it is now the Webster Wildlife Conservation land and not sure what jurisdiction oversees this land.

Gonyer motioned for the Board to allocate 50% of the cost to come out of one of the two highway funds for the necessary repairs for the Webster Bridge.  Second by Foote with a unanimous vote.

  • Resignations from Fire Department Lieutenant Zakkary Castellano and Lieutenant Ryan Higgins
Foote motioned to accept the resignations from Lieutenant Zakkary Castellano and Lieutenant Ryan Higgins effective the date stamp received.  Second by Gonyer with a unanimous vote.  The Board thanked them for their service and accepts their resignations with regret.

  • Resignation from Dana Whitney, Alternate Library Trustee
Foote motioned to accept the resignation from Dana Whitney as an Alternate Library Trustee.  Second by Burrill with regret and the Board thanked them for their service.  Motion passed with a unanimous vote.

  • Resignation from James Paone, Cable Operator
Foote motioned to accept the resignation from James Paone, Cable Operator with regret and the Board thanked him for his service effective October 6th.  Second by Gonyer with a unanimous vote.

  • Per RSA31:95-b to accept and expend unanticipated funds to the Newton Food Pantry in the amount of $70 from the Newton Historical Society
Burrill moved per RSA31:95-b to accept and expend unanticipated funds to the Newton Food Pantry in the amount of $70 from the Newton Historical Society
Second by Gonyer with a unanimous vote.

  • Per RSA31:95-b to accept and expend unanticipated funds from the State of NH Department of Safety EMPG Program in the amount of $6,824.44 for Newton’s Emergency Management Equipment Project
Burrill moved per RSA31:95-b to accept and expend unanticipated funds from the State of NH Department of Safety EMPG Program in the amount of $6,824.44 for Newton’s Emergency Management Equipment Project.  Second by Gonyer, motion passed with Selectman Foote abstaining.

  • Open bids received for Surplus Equipment
The Board put out a notice some time ago for anyone interested in placing a bid for surplus town equipment.  The Board opened the bids received for the following items;

Burrill read a bid from Eastern Seaboard Concrete Construction, Inc with a bid on the 500 gallon oil tank for $100; 8x8 aluminum platform for $400

Foote read a bid for the 2004 Ford Crown Vic from Robert Martin, East Hampstead in the amount of $824.24.

Gonyer read a bid from Gas Motors, Brentwood for the 2004 Ford Crown Vic for $332.12 and the 8x8 aluminum platform for $32.12

Doggett added that some surplus equipment received no bids therefore he is willing to take it to the Transfer Station.  

Burrill moved to accept bid of $824.24 from Robert F. Martin of East Hampstead, NH for the 2004 Ford Crown Vic.  Second by Foote with a unanimous vote.

Burrill moved award the bid for the 8x8 aluminum diving platform to Mike Pivero of Eastern Seaboard Concrete Construction for $400.  Second by Foote with a unanimous vote.

Burrill moved to award the bid for the 500 gallon oil tank for $100 to Mike Pivero of Eastern Seaboard Concrete Construction.   Second by Gonyer with a unanimous vote.

Office Manager Winglass asked for the Board to consider giving the computer equipment to a group that takes outdated equipment and reworks them and gives them to kids who cannot afford a computer.

Burrill moved to look into this option.  Second by Foote with a unanimous vote.

  • Anonymous complaints
The Board of Selectmen received an anonymous complaint, hand written with no name.  Selectman Gonyer explained that she asked for this item to be on the agenda to address the handling of this complaint.  Gonyer added that she wanted to let the town’s people know that we care but complaints that come in without some contact information, we have no idea what the situation is, and therefore no action will be taken.  If you have a complaint then we need something in writing.  Therefore she explained that she wanted to let the person know that the complaint was received but no action has been taken.




  • Town Policy Review
Selectmen’s Office Manager explained that she received a memo from the Town Administrator stating that due to the conflicts with the town policies to please provide a list of the policies that overlap or conflict with other town policies by outlining what those conflicts are.  Also provide a list of all town policies written and voted by the Board of Selectmen, past and present consisting of the policy name, the date the policy was adopted and/or last revised as well as a list of the policies that are outdated or obsolete.  Please provide this information by October 27th.

Winglass asked to review this request for this is not something she has ever worked on; although she has no problem addressing it.  It is quite a chore for the town has many obsolete policies that most likely the Selectmen are unaware of.  This project is very extensive as well as there are committees in town that work on these policies.  Therefore there is a concern with getting involved with policies written by committees and do not want to overstep their involvement.

Gonyer added that she is the one that made this initial request for it was brought to the Boards attention that there are discrepancies and conflicts with the town policies.  Gonyer stated that she requested this information from the Office Manager in order to prioritize what policies may need to review and/or update.  Gonyer asked the Town Administrator to assign the chore.  

Burrill added that at 8:30pm on a Tuesday night he is embarrassed that we are talking about this right now; this is valuable information and we need a strategy about policies as a whole but to have that strategy we need that information in front of us.  Sounds like a Selectman asked for the information and the Town Administrator directed someone who works for the Town Administrator to do so.  It is due by October 27th and we have 7 days; any other reason to discuss this topic.  

Selectmen’s Office Manager responded that this is a large project that may require overtime and how to handle policies written by other committees.  Burrill responded that he wants to get off this subject; he asked the Town Administrator to handle this offline.
  • Announcements
  • November 3rd 5:45; 6pm - 7pm Special Town Meeting at the Town Hall
  • Other Business, Sign Manifests, Requisitions, Abatements, Tax Credits, Correspondence and Appointments
Burrill moved to sign the Payroll Manifest dated 10/09/2015 for the pay period 9/20 - 10/3.  Second by Foote with a unanimous vote.

Burrill moved to sign the Payroll Manifest dated 10/23/2015 for the pay period 10/4 - 10/17.  Second by Foote with a unanimous vote.

Burrill moved to sign the Vendor Manifest dated 09/29/2015 in the amount of $200.00.  Second by Gonyer with a unanimous vote.

Burrill moved to sign the Vendor Manifest dated 10/06/2015 in the amount of $40,775.62.  Second by Gonyer with a unanimous vote.

Gonyer moved to sign the Vendor Manifest dated 10/20/2015 in the amount of $7,318.66.  Second by Foote with a unanimous vote.

Gonyer moved to sign the Vendor Manifest dated 10/20/2015 in the amount of $52,359.95.  Second by Foote with a unanimous vote.

Foote moved to sign the 2015 Special Town Meeting, Town Warrant.  Second by Gonyer with a unanimous vote.  

Foote moved to sign the Welfare Manifest dated 10/19/2015 in the amount of $1,094.32 .  Second by Gonyer with a unanimous vote.

Foote motioned to approve a Veterans Credit for PID# 6/9/28 starting in 2016.  Second by Gonyer with a unanimous vote.

Gonyer motioned to approve a Veterans Credit for PID# 8/3/11-63 starting in 2017.  Second by Foote with a unanimous vote.

Mike Pivero, Road Agent asked to clarify a procedural question.  The spending freeze imposed by the Board of Selectmen impacts the operation of his department for most items are over $300.  Sand/salt needs to be ordered, regular maintenance to pavement and where do we draw the line.  Burrill responded that the intent was to have a conversation like this; all these items fall under a budgeted line item.  Pivero agreed therefore if it operational then it does not apply and department heads were not invited in to discuss it.  The Board replied that what they are hearing, there is no concern;  usual operations are different.    

  • Adjourn
Foote motioned to adjourn at 9:11pm.  Second by Burrill with a unanimous vote.

Respectfully Submitted,


Mary Winglass, Office Manager